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(영문) 수원지방법원 2015.10.16 2015노4098
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, two million won of additional collection) is too unreasonable.

2. It is reasonable to take into account the circumstances favorable to the sentencing, such as the fact that the Defendant’s judgment was made in the first instance and subsequently recognized all the crimes, the fact that there is no previous domestic criminal punishment, and the fact that he cooperates in the investigation of narcotics crimes.

However, considering the fact that the defendant's act of selling philophones beyond the simple medication and did not have a large quantity of philophones, and thus, the issue is serious, and that the philophones are highly likely to harm the health and social safety of the people due to toxicity, etc., crimes related to Maloak are generally in need of strict punishment, and that the court below determined the punishment within the scope of the sentencing guidelines (one year to two years of imprisonment). Furthermore, considering the defendant's age, environment, motive, means and consequence of the crime, various sentencing conditions such as the defendant's age, environment, motive, means and consequence of the crime, etc., it cannot be said that the punishment imposed by the court below is undue.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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